Common use of Termination of the Lease By Landlord Clause in Contracts

Termination of the Lease By Landlord. a. LANDLORD may terminate this Lease only for: (1) TENANT's material noncompliance with the terms of this Lease; (2) TENANT's material failure to carry out obligations under Michigan's Landlord-Tenant laws; (3) drug-related criminal activity (as defined below) engaged in on or near the Development property (or any of its dwelling units) by TENANT, any member of TENANT’s household or a guest, or any drug-related criminal activity engaged in on the Development property (or its dwelling units) by any other person under TENANT’s control; (4) a determination by LANDLORD that TENANT or a member of TENANT’s household is illegally using a controlled substance (as defined in Section 102 of the Controlled Substances Act, 21 USC 802); (5) a determination by LANDLORD that a pattern of illegal use of a controlled substance by TENANT or a member of TENANT’s household interferes with the health, safety or right to peaceful enjoyment of the Development property (or any of its dwelling units) by other residents; (6) a determination by LANDLORD that the abuse or pattern of abuse of alcohol by TENANT or a member of TENANT’s household threatens the health, safety or right to peaceful enjoyment of the Development property (or any of its dwelling units) by other residents; (7) criminal activity by TENANT, any member of TENANT’s household, a guest or another person under TENANT’s control that threatens the health, safety, or right to peaceful enjoyment of the Development property (or any of its dwelling units) by other residents (including property management staff residing at the Development); (8) criminal activity by TENANT, any member of TENANT’s household, a guest or another person under TENANT’s control that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the Development; (9) TENANT’s flight to avoid prosecution, or custody or confinement after conviction for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which TENANT is fleeing, or if from the state of New Jersey, is a high misdemeanor; (10) TENANT’s violation of a condition of probation or parole imposed under federal or state law; (11) other good cause, which includes, but is not limited to, TENANT's refusal to accept changes to the Lease as described in Section 20. Terminations for other good cause may only be effective as of the end of any initial or successive term; or (12) termination of the Housing Assistance Payments Contract between the Authority and the Owner of the Development. b. A termination of tenancy for any criminal activity by TENANT, a member of TENANT’s household, a guest or another person under TENANT’s control, may be based solely on a determination by LANDLORD that the person has engaged in the criminal activity, regardless of whether the person has been arrested or convicted for such activity, and without satisfying a criminal conviction standard of proof of the activity. c. The term drug-related criminal activity is defined at 24 CFR 5.100 as "the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug;” d. The term material noncompliance shall include but is not limited to: (1) the nonpayment of rent or other amounts owed by TENANT to LANDLORD beyond any grace period available under Michigan law; (2) one or more substantial violations (i.e. threatens the health & safety of others or integrity of the building or property of the Lease; (3) repeated minor violations of the Lease that: (a) disrupt the livability of the Development, (b) adversely affect the health or safety of any person or the right of any tenant to the quiet enjoyment of the Development, the unit occupied by TENANT or related Development facilities, (c) interfere with the management of the Development, or (d) have an adverse financial effect on the Development. If TENANT pays rent or any other amounts owed under the Lease after the due date but within the grace period permitted under Michigan law, this late payment constitutes a minor violation; (4) failure of TENANT or any member of TENANT’s household to supply in a timely fashion all required information on the income, composition or eligibility factors of TENANT's household (including, but not limited to, failure to meet the disclosure and verification requirements for Social Security Numbers, or failure to sign and submit consent forms for the obtaining of wage and claim information from Wage Information Agencies), or TENANT or any member of TENANT’s household knowingly providing incomplete or inaccurate information; (5) permitting persons other than those listed in Section 8, including their spouses and children who are not legal dependents of TENANT, to live in the dwelling unit, or allowing other family members or visitors to stay in the dwelling unit for more than two (2) weeks in any calendar year without the written consent of LANDLORD; (6) use of the unit for any purpose other than a private dwelling; (7) serious or repeated damage to the dwelling unit or common areas of the Development; (8) the creation of hazardous conditions or the undertaking of hazardous acts; (9) serious or repeated interference with the rights and quiet enjoyment of other tenants; (10) the failure to repay unauthorized Housing Assistance Payments or other amounts owed to the Authority; and (11) the violation of any of TENANT'S responsibilities under the Program, as determined by the Authority. d. Incidents of domestic violence, dating violence, sexual assault or stalking shall not be considered as serious or repeated violations of the Lease or other “good cause” for termination of assistance, tenancy or occupancy rights of the victim of abuse. Criminal activity directly relating to abuse, engaged in by a member of TENANT’s household or any guest or other person under TENANT’s control, shall not be cause for termination of assistance, tenancy, or occupancy rights if TENANT or an affiliated individual of TENANT is the victim or threatened victim of that abuse.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

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Termination of the Lease By Landlord. a. LANDLORD may terminate this Lease only for: (1) TENANT's material noncompliance with the terms of this Lease; (2) TENANT's material failure to carry out obligations under Michigan's Landlord-Tenant Landlord‑Tenant laws; (3) drug-related criminal activity (as defined below) engaged in on or near the Development property (or any of its dwelling units) by TENANT, any member of TENANT’s =s household or a guest, or any drug-related criminal activity engaged in on the Development property (or its dwelling units) by any other person under TENANT’s =s control; (4) a determination by LANDLORD that TENANT or a member of TENANT’s =s household is illegally using a controlled substance (as defined in Section 102 of the Controlled Substances Act, 21 USC 802); (5) a determination by LANDLORD that a pattern of illegal use of a controlled substance by TENANT or a member of TENANT’s =s household interferes with the health, safety or right to peaceful enjoyment of the Development property (or any of its dwelling units) by other residents; (6) a determination by LANDLORD that the abuse or pattern of abuse of alcohol by TENANT or a member of TENANT’s =s household threatens the health, safety or right to peaceful enjoyment of the Development property (or any of its dwelling units) by other residents; (7) criminal activity by TENANT, any member of TENANT’s =s household, a guest or another person under TENANT’s =s control that threatens the health, safety, or right to peaceful enjoyment of the Development property (or any of its dwelling units) by other residents (including property management staff residing at the Development); (8) criminal activity by TENANT, any member of TENANT’s =s household, a guest or another person under TENANT’s =s control that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the Development; (9) TENANT’s =s flight to avoid prosecution, or custody or confinement after conviction for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which TENANT is fleeing, or if from the state of New Jersey, is a high misdemeanor; (10) TENANT’s =s violation of a condition of probation or parole imposed under federal or state law; (11) other good cause, which includes, but is not limited to, TENANT's refusal to accept changes to the Lease as described in Section 20. Terminations for other good cause may only be effective as of the end of any initial or successive term; or (12) termination of the Housing Assistance Payments Contract between the Authority and the Owner of the Development. b. A termination of tenancy for any criminal activity by TENANT, a member of TENANT’s =s household, a guest or another person under TENANT’s =s control, may be based solely on a determination by LANDLORD that the person has engaged in the criminal activity, regardless of whether the person has been arrested or convicted for such activity, and without satisfying a criminal conviction standard of proof of the activity. c. The term drug-related criminal activity is defined at 24 CFR 5.100 as "the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug;” d. The term material noncompliance shall include but is not limited to: (1) the nonpayment of rent or other amounts owed by TENANT to LANDLORD beyond any grace period available under Michigan law; (2) one or more substantial violations (i.e. threatens the health & safety of others or integrity of the building or property of the Lease; (3) repeated minor violations of the Lease that: (a) disrupt the livability of the Development, (b) adversely affect the health or safety of any person or the right of any tenant to the quiet enjoyment of the Development, the unit occupied by TENANT or related Development facilities, (c) interfere with the management of the Development, or (d) have an adverse financial effect on the Development. If TENANT pays rent or any other amounts owed under the Lease after the due date but within the grace period permitted under Michigan law, this late payment constitutes a minor violation; (4) failure of TENANT or any member of TENANT’s =s household to supply in a timely fashion all required information on the income, composition or eligibility factors of TENANT's household (including, but not limited to, failure to meet the disclosure and verification requirements for Social Security Numbers, or failure to sign and submit consent forms for the obtaining of wage and claim information from Wage Information Agencies), or TENANT or any member of TENANT’s =s household knowingly providing incomplete or inaccurate information; (5) permitting persons other than those listed in Section 8, including their spouses and children who are not legal dependents of TENANT, to live in the dwelling unit, or allowing other family members or visitors to stay in the dwelling unit for more than two (2) weeks in any calendar year without the written consent of LANDLORD; (6) use of the unit for any purpose other than a private dwelling; (7) serious or repeated damage to the dwelling unit or common areas of the Development; (8) the creation of hazardous conditions or the undertaking of hazardous acts; (9) serious or repeated interference with the rights and quiet enjoyment of other tenants; (10) the failure to repay unauthorized Housing Assistance Payments or other amounts owed to the Authority; and (11) the violation of any of TENANT'S responsibilities under the Program, as determined by the Authority. d. Incidents of domestic violence, dating violence, sexual assault or stalking shall not be considered as serious or repeated violations of the Lease or other “good cause” for termination of assistance, tenancy or occupancy rights of the victim of abuse. Criminal activity directly relating to abuse, engaged in by a member of TENANT’s household or any guest or other person under TENANT’s control, shall not be cause for termination of assistance, tenancy, or occupancy rights if TENANT or an affiliated individual of TENANT is the victim or threatened victim of that abuse.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

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Termination of the Lease By Landlord. a. LANDLORD may terminate this Lease only for: (1) TENANT's material noncompliance with the terms of this Lease; (2) TENANT's material failure to carry out obligations under Michigan's Landlord-Tenant Landlord‑Tenant laws; (3) drug-related criminal activity (as defined below) engaged in on or near the Development property (or any of its dwelling units) by TENANT, any member of TENANT’s =s household or a guest, or any drug-related criminal activity engaged in on the Development property (or its dwelling units) by any other person under TENANT’s =s control; (4) a determination by LANDLORD that TENANT or a member of TENANT’s =s household is illegally using a controlled substance (as defined in Section 102 of the Controlled Substances Act, 21 USC 802); (5) a determination by LANDLORD that a pattern of illegal use of a controlled substance by TENANT or a member of TENANT’s =s household interferes with the health, safety or right to peaceful enjoyment of the Development property (or any of its dwelling units) by other residents; (6) a determination by LANDLORD that the abuse or pattern of abuse of alcohol by TENANT or a member of TENANT’s =s household threatens the health, safety or right to peaceful enjoyment of the Development property (or any of its dwelling units) by other residents; (7) criminal activity by TENANT, any member of TENANT’s =s household, a guest or another person under TENANT’s =s control that threatens the health, safety, or right to peaceful enjoyment of the Development property (or any of its dwelling units) by other residents (including property management staff residing at the Development); (8) criminal activity by TENANT, any member of TENANT’s =s household, a guest or another person under TENANT’s =s control that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the Development; (9) TENANT’s =s flight to avoid prosecution, or custody or confinement after conviction conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which TENANT is fleeing, or if from the state of New Jersey, is a high misdemeanor; (10) TENANT’s =s violation of a condition of probation or parole imposed under federal or state law; (11) other good cause, which includes, but is not limited to, TENANT's refusal to accept changes to the Lease as described in Section 20. Terminations for other good cause may only be effective as of the end of any initial or successive term; or (12) termination of the Housing Assistance Payments Contract any subsidy contract between the Authority and the Owner of the Development. b. A termination of tenancy for any criminal activity by TENANT, a member of TENANT’s =s household, a guest or another person under TENANT’s =s control, may be based solely on a determination by LANDLORD that the person has engaged in the criminal activity, regardless of whether the person has been arrested or convicted for such activity, activity and without satisfying a criminal conviction standard of proof of the activity. c. The term drug-related criminal activity is defined at 24 CFR 5.100 as "the Athe illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug;” d. The term material noncompliance shall include but is not limited to: (1) the nonpayment of rent or other amounts owed by TENANT to LANDLORD beyond any grace period available under Michigan law; (2) one or more substantial violations (i.e. threatens the health & safety of others or integrity of the building or property of the Lease; (3) repeated minor violations of the Lease that: (a) disrupt the livability of the Development, (b) adversely affect the health or safety of any person or the right of any tenant to the quiet enjoyment of the Development, the unit occupied by TENANT or related Development facilities, (c) interfere with the management of the Development, or (d) have an adverse financial effect on the Development. If TENANT pays rent or any other amounts owed under the Lease after the due date but within the grace period permitted under Michigan law, this late payment constitutes a minor violation; (4) failure of TENANT or any member of TENANT’s =s household to supply in a timely fashion all required information on the income, composition or eligibility factors of TENANT's household (including, but not limited to, failure to meet the disclosure and verification requirements for Social Security Numbers, or failure to sign and submit consent forms for the obtaining of wage and claim information from Wage Information Agencies), or TENANT or any member of TENANT’s =s household knowingly providing incomplete or inaccurate information; (5) permitting persons other than those listed in Section 8, including their spouses and children who are not legal dependents of TENANT, to live in the dwelling unit, or allowing other family members or visitors to stay in the dwelling unit for more than two (2) weeks in any calendar year without the written consent of LANDLORD; (6) use of the unit for any purpose other than a private dwelling; (7) serious or repeated damage to the dwelling unit or common areas of the Development; (8) the creation of hazardous conditions or the undertaking of hazardous acts; (9) serious or repeated interference with the rights and quiet enjoyment of other tenants; (10) the failure to repay unauthorized Housing Assistance Payments subsidy or other amounts owed to the Authority; and (11) the violation of any of TENANT'S responsibilities under the Program, as determined by the Authority. d. Incidents of domestic violence, dating violence, sexual assault or stalking shall not be considered as serious or repeated violations of the Lease or other “good cause” for termination of assistance, tenancy or occupancy rights of the victim of abuse. Criminal activity directly relating to abuse, engaged in by a member of TENANT’s household or any guest or other person under TENANT’s control, shall not be cause for termination of assistance, tenancy, or occupancy rights if TENANT or an affiliated individual of TENANT is the victim or threatened victim of that abuse.

Appears in 1 contract

Samples: Lease Agreement

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